Guidelines on Monitoring and Inspection of Agricultural and Forestry Activities

Article

Lao People's Democratic Republic
Peace, Independence, Democracy, Unity, Prosperity

Ministry of Agriculture and Forestry No. ____

Guidance
On Monitoring and Inspecting the Activities of the Agriculture and Forestry Sector

- Pursuant to the Law on State Inspection (Amended), No. 25/NA, dated 29 December 2022;

- Pursuant to the Decree on the Organization and Operation of the Ministry of Agriculture and Forestry, No. 603/PM, dated 15 October 2021;

- Pursuant to the Letter of the Inspection Department, No. 1036/ID, dated 18 March 2025;

- Pursuant to the Letter of the Office, No. 1]373/O, dated 28 March 2025.

In order to implement and enforce the legal instruments issued in each period, ensuring
Unify the organization of inspection work in the agriculture and forestry sector according to roles, plans, all types of state investment projects using state budget, joint funds, grants, and domestic or foreign loans, to ensure they operate correctly in accordance with regulations, laws, and project objectives as well as the defined activity plans, aiming to meet the results and overall benefits of the nation and people, prevent violations of regulations and laws, and curb corrupt practices, so that state investment in agriculture, forestry, and rural development is implemented with transparency, economy, and high efficiency.

The Minister of Agriculture and Forestry issues the guideline:

1. Objectives and expected levels
1. To serve as a reference for the committee for monitoring and inspecting state investment projects, appointed by the Ministry of Agriculture and Forestry, in the activities of monitoring and inspecting to ensure compliance with laws and regulations, aiming for transparency, clarity, correcting irregularities, corruption, violations of state laws and regulations, and timely resolution of inspection results;
2. To ensure that implementers of state investment projects, state enterprise investments under the agriculture and forestry sector, and agriculture and forestry investments by operators are aware, understand uniformly, and take initiative in coordinating with the inspection committee with high responsibility, ensuring that monitoring and inspection proceed according to the established plan;
3. To effectively prevent and combat corruption in the agriculture and forestry sector;

4. To make the implementation of state inspection and anti-corruption work efficient and highly effective, with budget, vehicles, and service equipment provided for inspection work from the beginning of every project.

11. Forms of monitoring, inspection, and targets to be inspected
Monitoring and inspection in the agriculture and forestry sector include: regular monitoring and inspection; monitoring and inspection by order or proposal; surprise monitoring and inspection. The targets of monitoring and inspection include: offices, departments, institutes, second-level technical units, state investment projects from the start, state enterprises of the agriculture and forestry sector, and projects
Investment in agriculture and forestry by operators.
1. Regular monitoring and inspection
Regular monitoring and inspection refers to inspections carried out according to a regular schedule with a definite timeframe, by notifying the inspected target in advance, including monitoring and inspection of state investment projects from the beginning, state joint venture investments, and investments in agriculture and forestry by operators, in order to know, see, and grasp the situation, information on the implementation of policies, laws, regulations, roles, rights, duties, and responsibilities in administrative management, implementation of specific technical regulations, techniques, management principles, audit results according to the recommendations of the State Audit Organization, in necessary and urgent cases, according to resolutions of the National Assembly, resolutions of the Provincial People's Council, etc.
The main methods are as follows:
1) Monitor and inspect the implementation of roles and annual plans at least once a year;
2) Coordinate with relevant sectors to unify the preparation of plans, activity agendas, draft minutes, targeted questions, and inspected targets, requiring cooperation in preparing documents needed by the inspection committee and facilitating the provision of various document information;
3) Propose to the Party Committee and Steering Committee, informing the objectives, resolutions, and work activity plans of the monitoring and inspection committee, and assign targets to establish a joint working group;
4) Analyze and evaluate to identify the strengths, achievements, weaknesses, outstanding issues, and various recommendations of the targets, and propose methods for improvement by the monitoring and inspection committee.
(...) Summarize the results of monitoring and inspection to reach consensus and jointly sign the minutes, then report to the higher level for consideration and amendment.

2. Monitoring and inspection according to orders or proposals
Monitoring and inspection according to orders or proposals means monitoring and inspection based on resolutions, decisions, orders, instructions, and notifications of higher levels, as well as proposals of individuals, legal entities, or organizations in accordance with laws and regulations, with prior notification to the target being inspected, using the following main methods:
1) Submit to the party committee, superior committee, and relevant targets to inform the purpose, decisions, and work plan of the monitoring and inspection team, and require the target to appoint a joint working group;
2) Collect and compile relevant regulations, verify the data used in monitoring and actual inspection as defined in the action plan;

3) Research, analyze, investigate, evaluate, compare data to ensure clarity, objectivity, and completeness as a basis for concluding according to the inspection content;

4) Summarize monitoring and inspection results in detail, especially summarizing the plan set for inspection and the actual conduct of inspection, highlighting monitoring and inspection results, and comparing them with regulations, party rules, state laws, and higher-level guidance before proposing solutions or corrective measures for consensus and joint signature.

3. Surprise monitoring and inspection
Surprise monitoring and inspection is an urgent inspection without prior notice to the target.
Ad-hoc monitoring and inspection is the same as monitoring and inspection carried out upon the order or proposal of an individual, legal entity, or organization, strictly in accordance with relevant laws and regulations.

4. Monitoring and inspection of state investment projects from the beginning

Monitoring and inspection of state investment projects from the beginning is regular monitoring and inspection of project implementers to know, see, and determine the situation and information in the implementation of state investment projects from the start of the project onwards.

State investment projects subject to monitoring and inspection are all projects that use the state budget, joint funds, grant aid, domestic and foreign loans in the agriculture and forestry sector.
At least once a year, using an active approach as follows:

1) Coordinate and submit plans in writing to project owners and project implementers, along with in-depth questioning, inquiries, recording reports, and handover of various project documents to ensure the responsibility of each sector in organizing the implementation of plans, tasks, and various steps;

2) The audited target must cooperate with the audit committee in examining various documents, including project proposals, project contracts, implementation plans and activities of the project, hiring of consulting firms, experts and contract staff, construction and renovation bidding, procurement of vehicles, service equipment, asset accounting documents, and financial documents.
Finance as well as reports, explanations, clarifications of issues that are not yet clear in cases where problems are found that are considered to have a risk of corruption;

3) The inspection committee is the one that clarifies the strengths, achievements, weaknesses, and outstanding issues of the project implementer, project tasks, and proposes solutions;

4) The summary of monitoring and inspection results must be agreed upon within the monitoring and inspection committee, the project implementer, and relevant parties, and a joint memorandum must be signed, after which it is reported to the higher level for acknowledgment and the inspection results are sent to the project implementer for acknowledgment and implementation with strict monitoring and inspection.

1. Anti-corruption
Anti-corruption is the determination of principles, regulations, and measures to prevent
Prevent and combat corruption to prevent state, collective, social property or the legitimate rights and interests of citizens from being damaged, embezzled or defrauded, bring offenders to justice, protect the innocent, aiming to make state organizations transparent, strong and subject to inspection at all times.

In case any corrupt conduct is found, as follows:

1) Embezzlement of state or collective property;
2) Fraud of state or collective property;
3) Bribery giving;
4) Bribery receiving;
5) Abuse of position, power, duties to obtain property of the state, collective or individuals;
6) Misuse of state or collective property;
7) Exceeding the scope of position, power, duties to obtain property of the state, collective or individuals.
8) Theft, falsification of construction technical standards, design, calculation, etc.;
9) Fraud in bidding or concessions;
10) Forgery of documents or use of forged documents;
11) Disclosure of secrets for personal gain;
12) Withholding or delaying documents.

Inspection and anti-corruption activities must strictly comply with the Law on Anti-Corruption, using the following main methods:

1) Investigation, notification, reporting, proposal or complaint, and collection of data if necessary, as stipulated in the Law on Complaint Resolution (Amended), No. 17/NA, dated July 7, 2022, which requires complaints to include name, date, month, year, signature
and the fingerprints of the complainant and the location of the relevant agency to which the complainant submits;

2) Prepare and develop a plan for on-site inspection, coordinating with other relevant sectors and localities;

3) Inspect documents and assets of relevant individuals or organizations, such as financial-accounting, income-expenditure, use of aid funds and loans;

4) Invite representatives of organizations or relevant individuals to provide explanations and clarifications;

5) Summarize, evaluate, and report the inspection results.

Asset declaration means that persons holding positions, powers, and duties, before and after assuming office, must clearly, honestly, and completely declare their own assets and debts, as well as those of their spouse and children under their care, and bear legal responsibility for the content of the declaration.
1. Coordination Mechanism

1) The Inspection Department, State Inspection Agency, and state inspection units at all levels, from central to local, in the agriculture and forestry sector shall proactively coordinate with the inspected targets and jointly implement this guideline to achieve good results;

2) The inspected targets shall facilitate and cooperate in monitoring and inspection as stipulated in the law, relevant sub-legislation, and this guideline;

3) The State Investment Project Inspection Committee shall not be part of the project implementation committee, such as the project steering committee, bidding committee, price comparison committee for procurement and hiring, and project financial management committee, but shall be appointed as a specific monitoring, inspection, and observation committee from the beginning to the end of the project.
4) The Inspection Department is responsible for publicizing, disseminating, and promoting all state investment projects to strictly comply with this guideline.

IV. Budget for Inspection Activities
1) The budget for monitoring and inspecting state administration, projects using state budget funds at the ministry level shall use the adjustment-promotion budget according to the annual allocation of the office, departments, institutes, second-level technical units, state enterprises under the agriculture and forestry sector, and for monitoring and inspecting agricultural and forestry investment projects of operators; for inspection activities of the state inspection sector at the provincial level, the budget of the provincial agriculture and forestry department shall be used; for inspection units at the district level, the budget of the district office shall be used.
Agriculture and forestry, at district level, according to the delegation of management;
2) Monitoring and inspection of state investment projects using loans, grants, and joint funds from domestic or foreign sources, to be implemented as follows:
- All state investment projects to be designed (using loans, grants, and joint funds) must determine a budget plan, provide necessary vehicles and equipment for the inspection committee to use in the inspection work from the beginning, in accordance with the Decree on Monitoring and Inspection of State Investment Projects from the Beginning, No. 01/LB, dated January 6, 2015;
- Projects that are being implemented and have not yet been completed must be included in the budget plan, provide
Necessary vehicles and service equipment for inspection work.

Measures and Implementation Methods

1) The Inspection Department shall proactively coordinate with the Office, various departments, institutes, second-level technical units under the Ministry of Agriculture and Forestry that are responsible for state investment projects, and jointly implement this guideline to achieve good results;

2) The State Inspection Sections of the Provincial Agriculture and Forestry Departments and the State Inspection Units of the District Agriculture and Forestry Offices shall proactively and strictly implement this guideline;

3) After implementing this guideline, if any difficulties arise, report to the higher level for timely adjustment and improvement.
This guideline shall take effect from May 20, 2025, and shall replace the guideline on monitoring and inspection of activities in the agriculture and forestry sector, No. 0942/MAF, dated February 13, 2025.